The following is produced by the staff of the State legislature and many state senators and representatives include it in their newsletter to constituents.
Legislation calling for Public Private Partnerships to meet growing transportation needs advances
Legislation that would provide a framework to allow Private Public
Partnership (P3) agreements for certain transportation projects advanced
through the Senate Transportation and Safety Committee this week. The
bill aims to improve safety, reduce congestion and increase capacity on
Tennessee’s roads, as well as encourage economic growth.
Typically with a P3 agreement, the public sector maintains ownership of
the asset but the private partner manages construction, operation, and
maintenance through the life of the contract.
Senate Bill 2093
authorizes partnerships between private entities and state and local
governments for the private development, redevelopment and operation of
transportation facilities. Transportation facilities are defined, under
the bill, to include any mass transit system intended for shared
passenger transport services to the general public.
The bill authorizes a state or local government entity, or agencies
created by them, to receive, consider, evaluate and accept proposals for
a qualifying transportation facility. It details the procedures for
doing so, including that the private entity must first obtain state
approval before entering into a comprehensive agreement with the state
or local government. The request must also be reviewed by the
legislature’s Fiscal Review Committee prior to the agreement to ensure
transparency and oversight. Under the proposal, any project estimated
to be over $50 million would require an independent audit to be paid for
by the private entity. This audit will be subject to public
disclosure, other than proprietary information. If any state funds are
expended for the purposes of a P3 agreement, it must be appropriated in
the general appropriations act.
The bill now goes to the Senate Finance Committee for consideration.
Legislation aiming to cut fraud and abuse in Tennessee’s welfare system approved by State Senate
Legislation aiming to reduce fraud and abuse in Tennessee’s welfare
system was approved by the State Senate this week. The proposal,
sponsored by Senator Jim Tracy (R-Shelbyville), makes substantial
changes to the way the Tennessee Department of Human Services (DHS)
contracts and monitors third-party agencies that receive taxpayer money
to feed children and adults.
The legislation comes after comptroller audits and investigations that
identified financial mismanagement and fraud within some of the federal
food programs administered by DHS. Approximately $80 million flows
through DHS for program services.
“The Department of Human Services provides services to some of the most
vulnerable citizens of our state,” said Senator Tracy. “This bill
ensures that money designated for those in need is spent in the most
efficient and effective manner, while at the same time protecting
taxpayer money from fraud and abuse.”
Senate Bill 1472
directs DHS to conduct background checks on each applicant of the
subrecipient or sponsoring organization. It also requires sponsoring
organizations applying to participate in any food program administered
through the department to obtain and maintain a performance bond. If
the contract is awarded, the department must perform both unannounced
and announced physical site visits during the subrecipient monitoring
process and report their findings. Similarly, DHS must develop
sub-recipient monitoring plans, under the bill, utilizing analytical
procedures that must be submitted to certain legislative leaders and the
state comptroller on an annual basis. In addition, the bill requires
the inspector general of DHS must submit a report summarizing the
results of any substantiated investigations concerning fraud, waste and
abuse regarding the child and adult care food program and summer food
service program every three months.
The bill is pending action in the Finance, Ways and Means Committee in the House of Representatives.
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Legislation protecting Tennessee farms advances in State Senate
Legislation protecting Tennessee’s farming industry advanced in the
Senate this week as the Judiciary Committee approved an amendment to the
state’s Right to Farm Act. Senate Bill 2591
clamps down on illegitimate nuisance suits by removing the standard
regarding nuisance actions on new types of farming operations. The
bill, which is sponsored by Senate Majority Leader Mark Norris
(R-Collierville), requires the same burden of proof for nuisance action
for these farms as used in established farming operations.
“If you look at the state seal, the wording most prominent across the
middle is ‘agriculture,” said Senator Norris. “Agriculture remains the
biggest business that Tennessee embraces and at the same time, we’re
concerned about the continued loss of farm land and farm operations, not
only across the United States, but here in Tennessee, as well. As
development expands and land use changes, those in the farming business
need to be vouchsafe. They need to have their heritage and their
livelihood, the opportunity to pursue it, preserved. This bill helps in
those efforts.”
The proposal establishes a rebuttable presumption that a farm is not a
public or private nuisance unless overcome by a preponderance of the
evidence that either the farm does not conform to generally accepted
agricultural practices or those set by the Department of Agriculture and
the Department of Environment and Conservation. The bill would not
affect legitimate cases of nuisance like the improper use of pesticides,
herbicides or disposing of waste improperly.
“This bill removes the standard as it relates to new types of farming
operations, simply saying that if you’re farming, you’re farming and you
have a rebuttable presumption. There is no distinction between
existing’ and new types of farms,” Norris continued.
“As people decide they want to live in the beautiful bucolic country,
they don’t realize that there’s an industry going on there, called
agriculture, and this helps to protect that,” added Senator Janice
Bowling (R-Tullahoma) who is co-sponsoring the bill.
The measure now goes to the floor of the Senate where it could be scheduled as early as next week.
In other farm news this week, the full Senate approved legislation which
gives the Commissioner of Agriculture authority to regulate seeds that
are sold, purchased and planted in Tennessee. Senate Bill 1934,
sponsored by Senator Ken Yager (R-Kingston), aims to reduce the risk of
potentially harmful seeds from other parts of the world coming into the
state. The bill now goes to the governor for his signature.
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Senate passes cybersecurity legislation to protect Tennessee Consumers
Cybersecurity legislation was passed by the State Senate this week
tightening up Tennessee’s law regarding breach notification requirements
to protect consumers. The bill is sponsored by Senator Bill Ketron
(R-Murfreesboro).
“With more and more personal information stored electronically, there is
a growing need to protect personal information, funds and assets,” said
Senator Ketron. “This bill moves Tennessee law forward in adapting to
the ever-changing landscape of the cyber world and the threats that come
as a result.”
Presently, Tennessee law requires a person, state agency, or business
that owns or licenses computerized data that includes personal
information to disclose any discovered breach of the security of the
system to Tennessee residents whose unencrypted personal information may
have been acquired by an unauthorized person. The law, however, does
not affect encrypted information even though a growing number of
breaches involve encrypted data as the methods used by criminals become
more sophisticated. The time frame for this notification is also not
specified under current law, simply saying it should be made in the most
expedient time possible and without reasonable delay.
Senate Bill 2005
specifies that an unauthorized user includes employees of the
information holder and that a breach of the security system includes the
unauthorized acquisition of all computerized data, whether encrypted or
unencrypted. It further requires that the notification requirement to
disclose a breach be made immediately, but no later than 45 days from
the discovery or notification of the breach or, in the event the
disclosure is delayed due to the needs of law enforcement, no later than
45 days after the law enforcement agency determines that the disclosure
will not compromise a criminal investigation.
According to the Credit Union National Association, it is estimated that
the 2013 Target breach cost credit unions over $30 million and the 2014
Home Depot breach is estimated to have cost even more. These costs
include notifying customers of the breach, reissuing credit and debit
cards, closing and reopening member accounts, refunding fraudulent
charges, stopping and blocking payments and increasing fraud monitoring.
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